(2) In the case of allotments to Churchwardens, Overseers or Colleges, Chantries, Charities, etc., the Commissioners are to fence, deducting such portion of the allotments as is equal to the expenses of fencing and to these allottees’ share of the expenses of the Act.
The portion deducted is to be divided amongst the other Proprietors who have to pay the expenses.
If any allottee refuses to fence, the Commissioners can do it and charge the expenses on the allotment, appointing a Bailiff to receive rents and money.
Expenses.—The expenses of the Act are to be defrayed by all the Proprietors benefited in proportion to the value of their allotments, except the Lords of the Manor and the Tithe owners in respect of their special allotments, and except the holders in trust for public bodies. (These last have had a portion deducted. See Fencing.)
The cost of the survey of the land to be inclosed is to be borne by those interested in it, and the cost of the survey of the old inclosures by the proprietors of old inclosures.
Mortgages are allowed under certain conditions (except to Tithe owners) up to £4 an acre.
Commissioners are to keep accounts which must be open to inspection. A penalty is specified for failure to keep them. Money amounting to £50 is to be paid in to a Banker.
Proprietors (tithe owners excepted) can sell their Common Rights or allotments before the Award.
Compensation.—(1) Leases at Rack Rent of any land to be inclosed, either alone or together with any Messuages, Cottages, Toftsteads, etc., to be void; the proprietor paying the lessee such satisfaction as the Commissioners direct. Exception.—No lease of any Messuage, Cottage, Toftstead, Lands, Hereditaments or ancient Estate in respect of which allotment is made for Right of Common is to be void; but the allotments made to these are to belong to the proprietors who must pay to the lessees such satisfaction as the Commissioners direct.
(2) Satisfaction (adjudged by the Commissioners) is to be given for standing crops by the new allottee, unless the owner of the crops likes to come and reap them.